Limitation of liability of corrective action contractors

(a) No corrective action contractor engaged in activities associated with the cleanup of environmental hazards created by others shall be liable for any damages arising from the release of a hazardous waste, hazardous constituent, or hazardous substance resulting from such activity in an amount greater than $1 million to any one person or $3 million to all persons for a single occurrence. The limitation of liability of this Code section shall not: (1) Affect any right of indemnification which such person has, or may acquire by contract, against any other person who is liable for creating an environmental hazard; or (2) Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process. (b) For purposes of Code Section 12-8-96.1 and this Code section, the phrase ‘‘activities associated with the cleanup of environmental hazards’’ shall mean activities including investigation, evaluation, planning, design, engineering, removal, construction, and ancillary services which are carried out to abate or cleanup a hazardous waste, hazardous constituent, or hazardous substance. (c) Nothing contained in this Code section shall be construed to be a waiver of the sovereign immunity of this state or of any agency or political subdivision of this state. History. — Code 1981, § 12-8-96.2, enacted by Ga. L. 1992, p. 2234, § 5. 12-8-96.3. Limitation of liability for release of hazardous substances for subsequent purchasers of property. (a) As used in this Code section, the term: (1) ‘‘Affected property’’ means real property listed on the hazardous site inventory maintained pursuant to Code Section 12-8-97. (2) ‘‘Bona fide purchaser’’ means a person who has purchased affected property and has complied with the provisions of subsection (b) of this Code section relative to such property; provided, however, that no person may qualify as a bona fide purchaser if such person: (A) Is a person who has contributed or is contributing to a release; 979 12-8-96.3 CONSERVATION & NATURAL RES. 12-8-96.3 (B) Has or in the past has had a contractual relationship with a person who has contributed or is contributing to a release; (C) Is related by blood or marriage to a previous owner of the property or to a person who contributed or is contributing to the release or is a shareholder, employee, agent, or is otherwise affiliated with such person; (D) Is a predecessor or successor entity, subsidiary, owner, or division of any person who has contributed to or is contributing to a release; (E) Is in violation of any order, judgment, statute, rule, or regulation within the jurisdiction of the division; (F) Is an owner or operator of an underground storage tank, as defined by Code Section 12-13-3, located at the affected property and subject to the financial responsibility regulations promulgated pursuant to Code Section 12-13-9; (G) Is an owner or operator of a solid waste handling, disposal, or thermal treatment technology facility, as defined by Code Section 12-8-22, located at the affected property and subject to permitting requirements pursuant to Code Section 12-8-24; (H) Is an owner or operator of a ‘‘hazardous waste facility’’ as defined by paragraph (11) of Code Section 12-8-62; or (I) Is not able to meet such other criteria as may be established by the board pursuant to Code Section 12-8-93. (3) ‘‘Cleanup standards’’ means those rules adopted by the board pursuant to Code Section 12-8-93. (4) ‘‘Contractual relationship’’ means a contractual relationship established as provided in subsection (d) of Code Section 12-8-96.1. (5) ‘‘Person who has contributed or is contributing to a release’’ means such term as defined in paragraph (9) of Code Section 12-8-92. (b) A person desiring to qualify as a bona fide purchaser shall, before purchasing the affected property, present to the director a corrective action plan which describes in detail those actions needed to bring the affected property into compliance with cleanup standards. The director shall approve the plan if, in his or her opinion, the plan will bring the property into compliance with the cleanup standards. Such plan shall include a schedule for completion, which shall be not longer than one year following the date the plan is finally approved, which shall be the date the purchaser and the director enter into an administrative consent order incorporating the plan; provided, however, that the director may extend the completion date by up to six months if, in his 980 12-8-96.3 WASTE MANAGEMENT 12-8-97 or her opinion, the purchaser has made a good faith attempt to complete the corrective action within the time provided in the consent order and that the corrective action can be completed within the period of the extension. If the corrective action provided for in the administrative consent order is completed to the satisfaction of the director, the director shall certify that the purchaser is a bona fide purchaser of the affected property for purposes of this Code section. (c) A bona fide purchaser shall not be liable for third-party claims for contribution or for third-party claims for damages arising from a release of the hazardous waste, hazardous substance, or hazardous constituent which is the subject of the corrective action included in the consent order provided for in subsection (b) of this Code section. (d) The limitation of liability provided for in subsection (c) of this Code section shall commence on the date of execution of the consent order provided for in subsection (b) of this Code section; provided, however, that such limitation shall be withdrawn automatically if the director determines at the end of the cleanup period or any extension thereof to certify that the property has not been brought into compliance with the cleanup standards. The limitation shall apply only to the parties to the consent order and for the hazardous waste, hazardous substance, or hazardous constituent addressed in the consent order. The limitation shall not apply with respect to any release occurring in conjunction with an activity related to a corrective action which results in injury to a person not a party to the consent order. History. — Code 1981, § 12-8-96.3, enacted by Ga. L. 1996, p. 993, § 3.